After an auto accident, you’re probably going out of your mind with stress. How will your car be repaired, and who will pay your medical bills? Also, many people wonder about who will be blamed for the accident and whether their insurance will increase.
Below, learn the ins and outs of car accidents, including whether your insurance will increase after the incident. Have questions? A car accident attorney can review your case and determine if you can receive compensation.
How Does A Car Accident Settlement Work?
This is how a car accident claim works in a fault state, such as California. In a fault state, the at-fault driver’s auto insurance usually pays for the injured person’s damages. It’s important in a fault state for the correct person to be found liable for the accident. That way, you are not forced to pay someone’s damages when the accident wasn’t your fault. This also prevents your auto insurance rates from increasing:
- Get immediate medical attention: After the crash, you should go to the ER or doctor to be medically evaluated. Having immediate medical care is critical to protect your rights if you need to file a claim for damages.
- Call your insurance company: You should call your insurance company promptly after a car accident, regardless of fault. Your insurance provider requires you to report an accident on an insured vehicle. Your claim can be denied later if you don’t report the accident on time.
- Talk to an auto accident attorney: You should have a car accident lawyer review your case for free. They will tell you if you have a viable claim and can represent you during the insurance settlement process.
- Talk to the other driver’s insurance company: It’s best to have your auto accident attorney deal with the other driver’s insurance company if they caused the accident. Your attorney will ensure you are treated fairly and compensated appropriately for your losses.
Most auto insurance claims end with an insurance settlement. Your auto accident attorney has the skills and training to negotiate the settlement effectively. If the claim cannot be settled fairly, your attorney will prepare the case for trial and presentation to the jury.
How Much Can Car Insurance Increase After An Accident?
Statistics show that car insurance rates increase by about 46 percent after an at-fault crash with an injury. However, the rate increase varies according to many factors. In California, however, data states that the average increase after an accident with an injury is $585, with an average percent increase of 69 percent.
However, it is a different story if another party injures you in a car accident. Your rates shouldn’t rise if you are not found at fault in a car accident. You should retain a car accident attorney today if you were in an accident. They will ensure you aren’t unfairly blamed for the incident and maximize your compensation in a claim or lawsuit.
In California, the following factors influence how much your auto insurance will go up in an at-fault accident:
- The at-fault driver’s driving record
- The number of miles driven each year
- The number of years of driving experience
The most significant factor is the person’s driving record, and there are two factors here that largely determine how much their auto insurance premium is:
Traffic Violations In The Last 36 Months
If someone is cited for a certain number of traffic violations in three years, this can affect their premiums. For example, if a driver has several violations for speeding or running red lights in three years, their rates can increase. Even having several dismissals for traffic violations in three years can increase one’s rates.
Whether A Driver Was Found Principally At Fault
If you are in a car accident and not found at fault, your auto insurance rates should not increase. However, their rates can increase if someone is found at fault or partially at fault for an accident. In California, being found principally at fault means the person is at least 51 percent at fault for the crash.
How Can You Avoid Being Found At Fault For A Car Accident?
The best way to avoid having your insurance rates increase is to not be in a car accident. However, accidents happen, and they are often someone else’s fault. There are several ways you can avoid your insurance rates from increasing after a car accident:
Avoid Liability
Liability is critical when determining who pays for car accident injuries and losses and whether insurance rates will increase. There are laws in most states, including California, that limit auto insurance companies from increasing rates in a crash where you were not ‘principally at fault.’ In California, this means being less than 51 percent at fault.
If you were in a recent accident, hiring a car accident attorney is beneficial for many reasons. One of the reasons is to prove who caused the accident. You must prove another person’s negligence caused your injuries to receive compensation.
Also, your attorney will ensure you are not unfairly liable for an accident. It’s common for the involved drivers to point fingers at each other for the crash. It’s essential to ensure that the correct party is responsible for the accident; your attorney will ensure that happens.
Call Your Insurance Company
Consider this situation: You’re in a car accident, but it was a minor fender bender, and you and the other driver agree not to tell the insurance company. Unfortunately, you don’t know if the other driver will change their mind and decide to file a lawsuit against you later. You can end up with your insurance company denying your claim if you didn’t call them after the accident and report it.
So, always call your auto insurance company promptly after a car accident, regardless of fault. Doing so ensures that your bases are covered and your policy will be effective if needed.
Call A Car Accident Attorney
Calling a car accident attorney after a serious accident is always a good idea. You may be entitled to compensation in a claim or lawsuit if the other party caused your injuries. A car accident lawyer will review your claim at no charge and determine who was at fault. Proving that the other driver caused the accident can lead to compensation for you and ensure that your insurance rates don’t increase:
Other things that your attorney will do for your case include:
- Build your case with strong evidence: Proving fault in a car accident means showing that another party violated their duty of care and injured you. Your car accident attorney will construct a strong, convincing case with witness statements, crash reports, physical crash scene evidence, photos, videos, and more.
- Estimate your damages accurately: Car accident claims can involve compensation for lost earnings, medical bills, pain and suffering, future medical expenses, lost earning capacity, etc. Your attorney will ensure that your full losses are counted so that you receive maximum compensation.
- Negotiate with the insurance company: Insurance companies may underpay your claim if you don’t retain an attorney. Your lawyer is highly skilled in insurance negotiations and won’t take a dime less than you deserve.
- File a lawsuit and go to court: Most car accident claims end with a settlement, but your attorney will file a lawsuit and go to trial if necessary.
You also should talk to a car accident attorney if you think your rates have been unfairly increased. Again, your rates should not go up if you were not at fault for your recent auto accident.
How Much Can You Receive In A Car Accident Claim?
Assume that another driver hit and injured you, and they were found 100 percent liable for the crash. How much can you expect to receive in a car accident claim? Like many things in life, it depends on the details. The following factors will influence the value of your claim:
Medical Expenses
The number one variable in an auto accident claim value is the severity of injuries and medical bills. A serious injury, such as a spinal cord injury or brain injury, can lead to six or seven figures in medical expenses, including surgery, hospitalization, medical procedures, therapy, in-home care, and more. Less severe injuries, such as bruises, strains, and sprains, will have a lower case value.
Your attorney will work with your medical team to understand the severity of your injury and the amount of medical bills you will have. It’s especially important to retain an auto accident attorney with severe injuries and high medical expenses to ensure you have the money needed for essential care.
Legal Expenses
The more severe the injury and higher the medical bills, the more complex the case is. High case complexity leads to more legal expenses and fees. The good news is that most personal injury attorneys work on a contingency fee basis. This means they do not get paid unless they win an award for your case. This ensures the attorney is motivated to lead you to a successful settlement.
Instead, your attorney will take their fee from your settlement or jury award. The percentage they take usually is between 33 percent and 40 percent. The longer the case takes, the higher the fee. For example, a $100,000 car accident settlement can lead to a $33,000 to $40,000 legal fee, plus any legal expenses along the way.
The attorney should have you review and sign a fee agreement when you hire them.
Lost Earnings
You can be entitled to extensive lost earnings for a severe injury. For example, a spine injury can make you fully disabled, so you will be entitled to lost earning capacity compensation. You will receive more money if you are a younger, high-earning worker than if you are older and earn less income.
For a less severe injury, you also should receive lost earnings compensation until you are fully healed and can return to work.
Property Damage
You should be compensated for any property damage you have from the car accident. The liable party should pay for your new vehicle if the car is totaled.
Pain And Suffering
You will receive compensation for pain and suffering, which will be higher for a serious injury. For example, compound fractures are painful and will lead to more compensation for physical and mental pain and suffering. A muscle sprain in your back, on the other hand, will have less compensation.
Auto Insurance Available
The amount of compensation depends on insurance coverage, too. Many drivers only have minimal liability insurance. So, it is sometimes difficult to receive full damages if the at-fault driver has minimal coverage. Your attorney will determine if filing a personal injury lawsuit against the other driver is worth it if they don’t have enough insurance to cover your losses.
Who Is At Fault
Was another driver found at fault for your serious injury accident? You may receive less compensation than if an employer is found liable for the accident. Employers usually have more insurance coverage, so your damages may be fully covered if you have severe injuries and losses.
Want to find out approximately what your claim is worth? Speak to a car accident lawyer today in a free consultation. They will review your case details and provide an estimate of its value.
Speak To A Skilled Car Accident Attorney Today
A car accident attorney is usually critical to a successful auto accident claim. You should always retain a car accident lawyer if another driver injures you in an accident. They’ll ensure that you are not wrongly blamed for the accident. Your attorney will also fight for the most compensation for your losses.
Most auto accident victims obtain the compensation they deserve with an attorney’s help. Remember that you don’t pay legal fees unless the attorney wins your case. Speak to an auto accident lawyer now in your area for more information. Consultations are confidential and the personal injury attorney will access your case and help you understand next steps.
